New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-07-16

THE ELFVATED RAJLROAD LIIIuhIiONo'
The litigations that for more then ten years
have been going on over the relative rights
of the elevated railroad companies and the
owners of adjoining real est'te have at last
disposed of all disputed questions OF law.
There seems to be little or nothing more OF a
fundamental character for the Court OF Ap-
peals to pass upOn. Future trials OF actions
by property owners will be conducted upon
the theory that the question to be decided Is
virtually one as to the amount Of damages.
The principles settled by these litigatlons
are of the utmost IMPORTANCE When, after
the most varied and conflicting opinions from
the lower courts, the Story case was passed
upon by the Court Of Appeals adversely to the
elevated railroad companies. their lawyers still
contended that the decision covered only
small class of cases. Mr.. Story held title
derived from the city under covenants protect
ing the street in front of his premises from any
other use than that of ga public street.;
and the counsel for the roads contended that
property obtained other than by deed from
the city would not come within the principles
determined in that case. The recently decided
case of Lair against the Me rOpolitan Ele-
waited Railway Company has. however, effect
nally disposed Of that claim. The Court
brushes away the distinction with language
so clear and positive that there is no mistak-
ing its import: 'sWe are of opinion that no
legal difference exists, with. reference to the
interest acquired by abutting owners In
public street, between that afforded by title
conferred under such a deed as Story had or
that acquired through series of mesnc con-
yeyances from the original owner, whose
property was taken by proceedings IN 'nV'-
tum instituted by the municipality under
public statute to acquire land for street pur-
poses, which provided that the land thus
taken should be held in trust, nevertheless
that the same be appropriated and kept open
for or as a part of pub ic street, ETC., for
ever in like manner as the said public streets,
ETC.. in said city are and Of right ought to be-
II would be difficult to conceive OF any
titles held along the route of the roads that
do not come within the lines OF either one oil
the other of these two cases. The task be-
fore those who are suing the roads at present
is. therefore, simply the collection Of the evi-
dence necessary to show the character OF
their titles and the amount OF their dam
ages. Although at first blush this might seem
ike q SERIOUS SltuduOH lOi CiNN"sS" ANN@",
in reality it is probable that, even in the face
of these decisions, the policy followed by tho
companies has resulted and will result III
greater advantage to them than If they had
pursued the usual method of having the dam
ages assessed and paying them before building
the roads. The amount Of damages will nee
essarilv be large in localities like Greenwich,
Church and other narrow streets where the
roads run close to the buildings and cover a
large portion Of the roadway. Yet in wido
streets where the tracks are in the centre OF
the road and the business Of the shops has
been increased, as in Sixth and Third aves.,
it is probable that the damages to be as
sessed either by judges or juries will be much
less than they would have been ten years ago,
before the effect Of the building Of the roads
was thoroughly understood. It. is also true
that the enormous profits Of the roads have
put them in a position where they are able
with much less difficulty to pay the damages
than they would have been before the roads
had become an established success. The ef-
feet of the decisions of the highest court secm
to be, in every way conducive to the public
good